R v Seller; R v McCarthy [2015] NSWSC 1315

R v Seller; R v McCarthy [2015] NSWSC 1315

There is at least some evidence upon which the jury could convict the accused of the offence charged, and thus the application for a directed verdict of acquittal must be dismissed and the case should be left to the jury.

Jurisdiction
Australia
Judgment Date
09 September 2015
Procedural Posture
Criminal / Application for Directed Verdict (no Case Submission) at Close of Crown Case
Outcome
Application dismissed
Legal Topics
['procedure' 'no Case to Answer' 'directed Verdict' 'conspiracy to Influence Commonwealth Official']
['criminal Law'] ['procedure' 'no Case to Answer' 'directed Verdict' 'conspiracy to Influence Commonwealth Official']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Application for Directed Verdict (no Case Submission) at Close of Crown Case

Legal Issues

  1. 1 ['Whether there was evidence on which the jury could lawfully convict the accused of conspiracy to dishonestly influence a Commonwealth public official' 'Whether a directed verdict of acquittal should be given due to no case to answer']

Ratio Decidendi

There is at least some evidence upon which the jury could convict the accused of the offence charged, and thus the application for a directed verdict of acquittal must be dismissed and the case should be left to the jury.

Court Disposition

Application dismissed

Orders

  • ['Applications for directed verdicts of acquittal are dismissed.']